BILL NUMBER: SB 600 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senator Costa
FEBRUARY 23, 1999
An act to amend Section 77201.1 Sections
77201.1 and 77212 of the Government Code, relating to trial
court funding.
LEGISLATIVE COUNSEL'S DIGEST
SB 600, as amended, Costa. Trial court funding.
Existing law specifies various amounts, and contingent revisions
to those amounts, which certain counties are required to remit to the
state for purposes of trial court funding beginning on July 1, 1999
; and provides for the continuation of services provided to
courts by counties or cities and counties .
This bill would make a technical, nonsubstantive change in
that provision those provisions .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 77201.1 of the Government Code, as amended by
Section 1 of Chapter 1017 of the Statutes of 1998, is amended to
read:
77201.1. (a) Commencing on July 1, 1997, and each year
thereafter, no county shall be responsible for funding court
operations, as defined in Section 77003 and Rule 810 of the
California Rules of Court as it read on July 1, 1996.
(b) Commencing in the 1999-2000 fiscal year, and each fiscal year
thereafter, each county shall remit to the state in four equal
installments due on October 1, January 1, April 1, and May 1, the
amounts specified in paragraphs (1) and (2), as follows:
(1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:
Jurisdiction Amount
Alameda ........................ $ 22,509,905
Alpine ......................... -
Amador ......................... -
Butte .......................... -
Calaveras ...................... -
Colusa ......................... -
Contra Costa ................... 11,974,535
Del Norte ...................... -
El Dorado ...................... -
Fresno ......................... 11,222,780
Glenn .......................... -
Humboldt ....................... -
Imperial ....................... -
Inyo ........................... -
Kern ........................... 9,234,511
Kings........................... -
Lake ........................... -
Lassen ......................... -
Los Angeles .................... 175,330,647
Madera ......................... -
Marin .......................... -
Mariposa ....................... -
Mendocino ...................... -
Merced ......................... -
Modoc .......................... -
Mono ........................... -
Monterey ....................... 4,520,911
Napa ........................... -
Nevada ......................... -
Orange ......................... 38,846,003
Placer ......................... -
Plumas ......................... -
Riverside ...................... 17,857,241
Sacramento ..................... 20,733,264
San Benito ..................... -
San Bernardino ................. 20,227,102
San Diego ...................... 43,495,932
San Francisco .................. 19,295,303
San Joaquin .................... 6,543,068
San Luis Obispo ................ -
San Mateo ...................... 12,181,079
Santa Barbara .................. 6,764,792
Santa Clara .................... 28,689,450
Santa Cruz ..................... -
Shasta ......................... -
Sierra ......................... -
Siskiyou ....................... -
Solano ......................... 6,242,661
Sonoma ......................... 6,162,466
Stanislaus ..................... 3,506,297
Sutter ......................... -
Tehama ......................... -
Trinity ........................ -
Tulare ......................... -
Tuolumne ....................... -
Ventura ........................ 9,734,190
Yolo ........................... -
Yuba ........................... -
(2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001, 1463.07, and 1464 of the Penal Code, and Sections
42007, 42007.1, and 42008 of the Vehicle Code during the 1994-95
fiscal year:
Jurisdiction Amount
Alameda .......................... $ 9,912,156
Alpine ........................... 58,757
Amador ........................... 265,707
Butte ............................ 1,217,052
Calaveras ........................ 310,331
Colusa ........................... 397,468
Contra Costa ..................... 4,168,194
Del Norte ........................ 553,730
El Dorado ........................ 1,028,349
Fresno ........................... 3,695,633
Glenn ............................ 360,974
Humboldt ......................... 1,025,583
Imperial ......................... 1,144,661
Inyo ............................. 614,920
Kern ............................. 5,530,972
Kings............................. 982,208
Lake ............................. 375,570
Lassen ........................... 430,163
Los Angeles ...................... 71,002,129
Madera ........................... 1,042,797
Marin ............................ 2,111,712
Mariposa ......................... 135,457
Mendocino ........................ 717,075
Merced ........................... 1,733,156
Modoc ............................ 104,729
Mono ............................. 415,136
Monterey ......................... 3,330,125
Napa ............................. 719,168
Nevada ........................... 1,220,686
Orange ........................... 19,572,810
Placer ........................... 1,243,754
Plumas ........................... 193,772
Riverside ........................ 7,681,744
Sacramento ....................... 5,937,204
San Benito ....................... 302,324
San Bernardino ................... 8,511,193
San Diego ........................ 16,166,735
San Francisco .................... 4,046,107
San Joaquin ...................... 3,562,835
San Luis Obispo .................. 2,036,515
San Mateo ........................ 4,831,497
Santa Barbara .................... 3,277,610
Santa Clara ...................... 11,597,583
Santa Cruz ....................... 1,902,096
Shasta ........................... 1,044,700
Sierra ........................... 42,533
Siskiyou ......................... 615,581
Solano ........................... 2,708,758
Sonoma ........................... 2,316,999
Stanislaus ....................... 1,855,169
Sutter ........................... 678,681
Tehama ........................... 640,303
Trinity .......................... 137,087
Tulare ........................... 1,840,422
Tuolumne ......................... 361,665
Ventura .......................... 4,575,349
Yolo ............................. 880,798
Yuba ............................. 289,325
(3) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
(4) Except for those counties with a population of 70,000, or
less, on January 1, 1996, the amount a county is required to remit
pursuant to paragraph (1) shall be adjusted by the amount equal to
any adjustment resulting from the procedures in subdivisions (c) and
(d) of Section 77201 as that section read on June 30, 1998, to the
extent a county filed an appeal with the Controller with respect to
the findings made by the Department of Finance. This paragraph shall
not be construed to establish a new appeal process beyond what was
provided by Section 77201, as that section read on June 30, 1998.
(5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county, and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of this subdivision by an equal amount.
Nothing in this paragraph is intended to limit judicial sentencing
discretion.
(c) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
(d) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of youth authority charges.
(e) County base year remittance requirements specified in
paragraph (2) of subdivision (b) incorporate specific reductions to
reflect those instances where the Department of Finance has
determined that a county's remittance to both the General Fund and
the Trial Court Trust Fund during the 1994-95 fiscal year exceeded
the aggregate amount of state funding from the General Fund and the
Trial Court Trust Fund. The amount of the reduction was determined
by calculating the difference between the amount the county remitted
to the General Fund and the Trial Court Trust Fund and the aggregate
amount of state support from the General Fund and the Trial Court
Trust Fund allocated to the county's trial courts. In making its
determination of whether a county is entitled to a reduction pursuant
to that paragraph, the Department of Finance subtracted from county
revenues remitted to the state, all moneys derived from the fee
required by Section 42007.1 of the Vehicle Code and the parking
surcharge required by subdivision (c) of Section 76000.
(f) Notwithstanding subdivision (e), the Department of Finance
shall not reduce a county's base-year remittance requirement, as
specified in paragraph (2) of subdivision (b), if the county's trial
court funding allocation was modified pursuant to the amendments to
the allocation formula set forth in paragraph (4) of subdivision (d)
of Section 77200, as amended by Chapter 2 of the Statutes of 1993, to
provide a stable level of funding for small county courts in
response to reductions in the General Fund support for the trial
courts.
(g) In any fiscal year in which a county of the first class pays
the employer-paid retirement contribution for court employees, or any
other employees of the county who provide a service to the court,
and the amounts of those payments are charged to the budget of the
courts, the sum the county is required to pay to the state pursuant
to paragraph (1) of subdivision (b) shall be increased by the actual
amount charged to the trial court up to twenty-three million five
hundred twenty-seven thousand nine hundred forty-nine dollars
($23,527,949) in that fiscal year. The county and the trial court
shall report to the Controller and the Department of Finance the
actual amount charged in that fiscal year.
(h) This section shall become operative on July 1, 1999.
SEC. 2. Section 77212 of the Government Code is amended to read:
77212. (a) The State of California, the counties of California,
and the trial courts of California, recognize that a unique and
interdependent relationship has evolved between the courts and the
counties over a sustained period of time. While it is the intent of
this act to transfer all fiscal responsibility for the support of the
trial courts from the counties to the State of California, it is
imperative that the activities of the state, the counties, and the
trial courts be maintained in a manner that ensures that services to
the people of California not be disrupted. Therefore, to this end,
during the 1997-98 fiscal year, commencing on July 1, 1997, counties
shall continue to provide and courts shall continue to use, county
services provided to the trial courts on July 1, 1997, including, but
not limited to: auditor/controller services, coordination of
telephone services, data-processing and information technology
services, procurement, human resources services, affirmative action
services, treasurer/tax collector services, county counsel services,
facilities management, and legal representation. These services
shall be provided to the court at a rate that shall not exceed the
costs of providing similar services to county departments or special
districts. If the cost was not included in the county base pursuant
to paragraph (1) of subdivision (b) of Section 77201 or was not
otherwise charged to the court prior to July 1, 1997, and were court
operation costs as defined in Section 77003 in fiscal year 1994-95,
the court may seek adjustment of the amount the county is required to
submit to the state pursuant Section 77201.
(b) In fiscal year 1998-99 commencing on July 1, 1998, and
thereafter the county may give notice to the court that the county
will no longer provide a specific service except that the county
shall cooperate with the court to ensure that a vital service for the
court shall be available from the county or other entities that
provide such services. The notice must be given at least 90 days
prior to the end of the fiscal year and shall be effective only upon
the first day of the succeeding fiscal year.
(c) In fiscal year 1998-99, commencing on July 1, 1998, and
thereafter, the court may give notice to the county that the court
will no longer use a specific county service. The notice shall be
given at least 90 days prior to the end of the fiscal year and shall
be effective only upon the first day of the succeeding fiscal year.
However, for three years from the effective date of this section, a
court shall not terminate a service that involved the acquisition of
equipment, including, but not limited to, computer and
data-processing systems, financed by a long-term financing plan
whereby the county is dependent upon the court's continued financial
support for a portion of the cost of the acquisition.
(d) (1) If a trial court desires to receive or continue to receive
a specific service from a county or city and county as provided in
subdivision (c), and the county or city and county desires to provide
or continue to provide that service as provided in subdivision
(c) (b) , the presiding judge of that
court and the county or city and county shall enter into a contract
for that service. The contract shall identify the scope of service,
method of service delivery, term of agreement, anticipated service
outcomes, and the cost of the service. The court and the county or
city and county shall cooperate in developing and implementing the
contract.
(2) This subdivision applies to services to be provided in fiscal
year 1999-2000 and thereafter.